- 1 - HC-KAR NC: 2025:KHC-D:18355 WP No. 109771 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 109771 OF 2025 (GM-CPC) BETWEEN: SHRI BHAIRU S/O. MANGILAL @ MANGU LOHAR, AGE. 45 YEARS, OCCUPATION. NIL, R/O. AT POST KURUL, TALUKA. MOHAL, DISTRICT. SOLAPUR, STATE MAHARASHTRA-413213. …PETITIONER (BY SRI. DEEPAK S. KULKARNI, ADVOCATE) AND: THE MANAGER LEGAL RELIANCE GENERAL INS. COMPANY LTD., MAHADEV ARCADE, KOLHAPUR CIRCLE, NEAR RAMDEV HOTEL, BELAGAVI-590009. (POLICE NO. 1207712334000618 VALID FROM 18-05-2011 TO 17-05-2012 DATE OF ACCIDENT 20-11-2011) …RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION AND QUASH THE IMPUGNED ORDER DATED 29.05.2025 PASSED ON APPLICATION DATED 29.08.2025 FILED UNDER SECTION 151 OF THE CPC, IN M.V.C NO.663/2013, BY THE HON’BLE III ADDITIONAL SENIOR CIVIL JUDGE AND CJM, BELAGAVI, COPY ANNEXED AS PER ANNEXURE-A TO THE WRIT PETITION, AS THE SAME IS HIGHLY PERVERSE AND ILLEGAL. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.19 16:10:06 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18355 WP No. 109771 of 2025 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 29.09.2025 passed on application filed under Section 151 of the Code of Civil Procedure, 1908, in M.V.C.No.663/2013 on the file of III Additional Senior Civil Judge and CJM, Belagavi1. 2. The Tribunal rejected the petitioner's application for release of entire amount deposited in terms of the order passed by this Court in MFA No.101001/2015 and connected matter. 3. This Court, by order dated 10.08.2022, directed the release of 50% of the compensation amount and ordered that the remaining 50% be kept in a nationalized bank for a period of three years. 1 For short, ‘Tribunal’ - 3 - HC-KAR NC: 2025:KHC-D:18355 WP No. 109771 of 2025 4. Though the order was passed on 10.08.2022, the deposit was made only in 2024. The petitioner, who claims that his leg is amputated, filed an application seeking release of the entire amount. However, the Tribunal has directed release of only 25% of the amount. 5. Learned counsel appearing for the petitioner submits that since the petitioner's leg is amputated, the petitioner is in need of money. 6. Since no relief is claimed against the respondent, notice to respondent is dispensed with. 7. Considering the submission and also considering the fact that the deposit was made two years after the order, the Court is of the view that that 75% of the amount deposited, be released in favour of the petitioner. 8. Hence, the following: ORDER a) The petition is allowed. - 4 - HC-KAR NC: 2025:KHC-D:18355 WP No. 109771 of 2025 b) The order dated 29.09.2025 passed on application filed under Section 151 of the Code of Civil Procedure, 1908, in M.V.C.No.663/2013 on the file of III Additional Senior Civil Judge and CJM, Belagavi, is modified. c) 75% of the amount in deposit shall be released in favour of the petitioner and balance 25% shall be released immediately 3 years after the date of deposit. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT-MCK LIST NO.: 1 SL NO.: 24